H. Kwasi Prempeh. “Lawyers and Liberal Democracy.” Journal of Democracy, vol. 11, no. 1 (2000): 71-78.
This analysis revisits Alexis de Tocqueville’s reflections on the essential role lawyers play in sustaining liberal democracy, especially in guarding against the excesses of majoritarian rule. Tocqueville, wary of the “tyranny of the majority,” argued that lawyers in America acted as a stabilizing force in democratic governance. Trained in legal reasoning, order, and proceduralism, lawyers were uniquely positioned to mediate between popular will and institutional restraint. In his view, their influence—especially within the judiciary—offered a powerful check on populist impulses. Through their dual roles as litigators and judges, lawyers helped ensure that political disputes were channeled into legal processes, with judicial review serving as a key mechanism for limiting legislative overreach.
Beyond the courtroom, Tocqueville also observed that lawyers frequently held positions in legislatures and the executive branch, where their professional habits inclined them to temper public passions and steer democratic politics toward deliberation and moderation. While drawn from the populace, lawyers’ education and disposition made them natural custodians of constitutional order. This legacy offers important lessons for contemporary backsliding democracies: where lawyers retain institutional independence and public trust, they can serve as critical bulwarks against democratic erosion by reinforcing rule-of-law norms and counterbalancing populist pressures.